Marvin Wood Products v. Callow

Employer seeks review of a Workers’ Compensation Board (Board) order, seeking to decrease the amount of scheduled permanent partial disability awarded by the Board. On review, employer argues that the Board erroneously assigned it the burden of proof on the extent of claimant’s permanent partial disability. Employer also asserts that the Board erroneously rated claimant’s disability based on the medical arbiters’ findings, even though the medical arbiters expressly reported those findings to be invalid. For the reasons that we explain below, we reverse and remand for further proceedings.

The…